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COOGAN v. CITY OF WIXOM

No. 86-1012.

820 F.2d 170 (1987)

Edward COOGAN and Margaret Coogan, Plaintiffs-Appellants, v. CITY OF WIXOM, Bruce Kirby and Philip Leonard, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 1, 1987.

Attorney(s) appearing for the Case

Stephen N. Leuchtman, Sommers, Schwartz, Silver & Schwartz, Southfield, Mich., Patrick Burkett (argued), for plaintiffs-appellants.

Stuart A. Ulanoff, Ulanoff, Ross & Wesley, P.C., Southfield, Mich., Janice G. Hildenbrand (argued), for defendants-appellees.

Before LIVELY, Chief Judge, WELLFORD, Circuit Judge, and CELEBREZZE, Senior Circuit Judge.

LIVELY, Chief Judge.

The plaintiffs sought damages for the alleged violation of their constitutional "right to use and enjoy property and to conduct a lawful business." (Plaintiffs' brief at 16). In addition to this federal claim, the plaintiffs sought to recover on two state causes of action, relying on diversity of citizenship. Following a nine-day jury trial the district court directed a verdict for the defendants, and the plaintiffs have appealed.

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